Title
Manner of Calling Plebiscite, Referendum, Recall
Law
Presidential Decree No. 1577
Decision Date
Jun 11, 1978
Presidential Decree No. 1577 establishes guidelines and procedures for conducting plebiscites, referenda, and recalls of local elective officials in the Philippines, recognizing them as means of ascertaining the will of the people on important questions and issues.

Constitutional triggers and authority

  • When a referendum or plebiscite must be called as prescribed by law, the President must call it.
  • When, in the judgment of the President, there is a need to call either a plebiscite or a referendum, the President shall announce or proclaim the calling.
  • The decree establishes that the President’s proclamation must be issued at least two (2) weeks before the plebiscite or referendum holding date.
  • The decree recognizes local-level implementation through barangays and supervision by the Commission on Elections.

Policy purpose (constitutional modes of the people)

  • The decree is premised on the constitutional recognition of referendum and plebiscite as modes to ascertain the will of the people.
  • The decree affirms constitutional authorization for referenda through barangays and under Commission on Elections supervision, when needed to ascertain the will of the people regarding important matters of national or local interest.
  • The decree also reflects constitutional provisions allowing plebiscite for certain purposes.
  • The decree is designed to implement an effective system of recall for local elective officials.

Scope: who acts and where

  • The decree governs when the President calls a plebiscite or referendum and when local elective officials are recalled through a vote.
  • Local political units covered for recall are the province, city, or municipality where the affected local elective official serves.
  • The decree authorizes plebiscite or referendum conduct through barangays.
  • The decree allows plebiscites or referenda to be conducted by an office or agency designated by the President, while remaining under Commission on Elections supervision.

Calling plebiscites and referenda

  • The President shall announce or proclaim the calling of the plebiscite or referendum.
  • The proclamation must be made at least two (2) weeks before the holding of the plebiscite or referendum.
  • The proclamation must provide the date, place, and other conditions of the plebiscite or referendum.
  • The proclamation must define or state the issues to be submitted, whether national, local, or both.

Formal and informal plebiscites/referenda

  • The conduct of a plebiscite or referendum may be formal or informal, as determined by the President.
  • A plebiscite or referendum, whether formal or informal, may be conducted through barangays under Commission on Elections supervision.
  • A formal or informal plebiscite or referendum may also be conducted by a designated office or agency under Commission on Elections supervision.
  • An informal plebiscite or referendum may be conducted by a viva voce vote through the barangay or any other agency designated by the President under Commission on Elections supervision.

Local options to call plebiscites/referenda

  • The Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan may call for a plebiscite or referendum.
  • The local councils may call for a plebiscite or referendum on any issue affecting their respective province, city, or municipality, respectively.

Recall: who may petition and when

  • Recall may be initiated when one-fifth (1/5) of the registered voters of a particular province, city, or municipality file a petition for recall.
  • The petition must be filed for reasons of disloyalty to the Republic of the Philippines, dishonesty, oppression, misconduct in office, corruption, ignorance, negligence, incompetence, or any other cause the petitioners deem sufficient.
  • Upon filing of the petition meeting the one-fifth (1/5) requirement, the President shall call for a vote or recall of the local elective officials concerned.
  • The recall vote called by the President must be held formally or informally, and it is subject to Commission on Elections supervision.

Recall voting mechanics and effectiveness

  • The recall of local elective officials is conducted by voting held in the province, city, or municipality, as the case may be.
  • The vote elects the successor from among the list of qualified candidates.
  • The list of qualified candidates must include the name of the official sought to be recalled.
  • The recall becomes effective only upon determination of a successor in the person of the candidate receiving the highest number of votes cast.
  • If the candidate receiving the highest number of votes cast is the official sought to be recalled, confidence in that official is deemed to have been reposed.

Implementation, rules, and repeal

  • The Commission on Elections shall promulgate rules and regulations necessary to implement the provisions of the decree.
  • All laws, decrees, orders, rules, and regulations inconsistent with Presidential Decree No. 1577 are repealed or modified accordingly.

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